Stehman v. Stehman
Supreme Court of Pennsylvania
APPEAL from the circuit court of Lancaster county, held by Chief Justice Gibson. This was an action of ejectment brought by Tobias Stehman, Christian Stehman, John Stehman, and Jacob Stehman against Tobias Stehman, in which judgment was given for the plaintiffs upon a special verdict.
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APPEAL from the circuit court of Lancaster county, held by Chief Justice Gibson. This was an action of ejectment brought by Tobias Stehman, Christian Stehman, John Stehman, and Jacob Stehman against Tobias Stehman, in which judgment was given for the plaintiffs upon a special verdict. Tobias Stehman, the grandfather of the plaintiffs and father of the defendant, being -seised in fee of several tracts or parcels of land, by his will dated the 14th of November 1814, (said will being contained in the memoranda of a scrivener, who was to put the same into form) made, among others, the following…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
This is a question depending on intention rather than on any controverted rule of law, and one without any apparent difficulty. The plaintiffs insist that these limitations present a case of concurrent remainders dependent on a contingency with a double aspect: while the defendant insists that the general and paramount intent was to secure the estate to the children of Tobias at all events, and without regard to the time of their birth; that to effectuate this intent, it is necessary either to imply the existence of an estate in tail male…
2Cited by6 opinions
- Carter v. GrayNew Jersey Court of Chancery · 1899
- Patterson v. SwallowSupreme Court of Pennsylvania · 1863
- Raudenbach's AppealSupreme Court of Pennsylvania · 1878
- Marion v. WilliamsDistrict of Columbia Court of Appeals · 1891
- Taubenhan v. DunzAppellate Court of Illinois · 1886
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